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HomeMy WebLinkAbout03/19/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 19, 1979 The City Council of the City of Costa Mesa met in regular session March 19, 1979, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag; and Invocation by the Reverend Lothar V. Tornow, Christ Lutheran Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Direc- tor of Public Services, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Vice February 20, Mayor Schafer, and carried, the minutes of the regular February 22, meeting of February 20, 1979, the adjourned regular and March 5, = meeting of February 22, 1979, and the regular meeting 1979 = of March 5, 1979, were approved as distributed and posted as there were no corrections. HCD Committee On motion by Councilman Hall, seconded by Councilwoman Appointments Hertzog, and carried, Frank Gonzales, Bette J. Wright, Lynn Van Aken, and Chris Blank were appointed as alternate members of the Housing and Community Devel- opment Committee, terms to expire March 19, 1981. Proclamation A proclamation, declaring May 26, 1979, as Cerebral Cerebral Palsy Palsy Day in the City of Costa Mesa was read by the Day Mayor and presented to John O'Keefe, representative of the United Cerebral Palsy Association of Orange County. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 4, request from Harrah's Mustang Ranch for a dance permit; and Item 6, Notice of Intention to Appeal or Solicit for Charitable Purpose from Advance Foundation. On motion by Councilman Hall, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Records On motion by Councilman Hall, seconded by Council - Destruction woman Hertzog, Resolution 79-26, being A RESOLUT-ION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTH- Resolution 79-26 ORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S Clerk's Office OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call vote: '4 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None On motion by Councilman Hall, seconded by Council - Resolution 79-27 woman Hertzog, Resolution 79-27, being A RESOLUTION Police Department OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHOR- IZING RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog,:Hall NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Sidney B. Burton; Attorney Michael S. McCartin, on be- half of Sally Yeager for Daniel Alan Yeager, a minor; Attorney Fred V. Munoz, on behalf of Robert Fernandez, Jr.; and Attorney Robert J. Findley, on behalf of Miriam Pew. School Crossing Letter from Barbara Newbern, Paularino School Guards PTA, 1060 Paularino Avenue, urging the Council and the School District to furnish school crossing guards where needed. Use of Animals Letter from the City of Huntington Beach for Research advising that their City Council rescinded their resolution which requested discontinu- ation of selling or giving away animals for research purposes. This action was taken after they heard the point of view of those involved in research. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by the Plan- ning Department: Vina K. Tso, doing business as Colonial Kitchen, 512 West 19th Street; Christine Chapa, doing business at 1562 New- port Boulevard, Units C and D; Denny's No. 1247, Incorporated, doing business at 105 East 17th Street; Denny's No. 1258, doing business at 290 Bristol Street; Gary L. Hines, doing business at 1712 Santa Ana Avenue; Pronto Res- taurant, doing business at 3333 Bristol Street; Chezuka and Thomas Duritza, doing business as the King's Inn, 720 Randolph Avenue; and Shirley L. Morton, doing business as George's, 509-11 West 19th Street. Approval of parking by the Planning Department has been delayed for Alcoholic Beverage License application from Eve R. Schoen, doing business at 1728 Newport Boulevard, until such time as the required agreements with adjacent property owners for off -premises parking are received by the City. Planning Letter from Charlotte Lyke, 2921 Pemba Drive, Department Costa Mesa, commending the Planning Department Commended for their courtesy, promptness, and efficiency. Allan Roeder Letter from Warren G. Althoff, 1523 Orange Commended Avenue, Costa Mesa, commending Allan Roeder, Assistant to the City Manager, for his effi- End - Reading Folder cient service. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from United Cerebral Palsy Association of United Cerebral Orange County, Incorporated, 3020 West Harvard Street, Palsy Santa Ana, by collection of reusable household items and clothing, from March 19 through December 31, 1979, was approved. Permit A request from the Kiwanis Club of Costa Mesa, Post Office Box 366, Costa Mesa, to sponsor a Pancake Break- Kiwanis Club fast in Lions Park on Saturday, May 12, 1979, from 6:00 a.m. to 1:00 p.m., was approved subject to the conditions of the Leisure Services Department. Set for Public The following items were set for public hearing on Hearing April 2, 1979, at 6:30 p.m., in the Council Chambers of City Hall: General Plan Review of the Environmental Resources/Management Review Element of the City of Costa Mesa General Plan. SP -79-01 Specific Plan SP -79-01, Costa Mesa City Council, to include additional development standards, land use policies, and public improvement plans governing the future development of the proper- ties in the area bounded by Placentia Avenue, Hamilton Street, Pomona Avenue, and 19th Street. Environmental Determination: Negative Declara- tion. R-79-01 Rezone Petition R-79-01, Costa Mesa Planning Commission, for permission to rezone property located between Baker Street, Bear Street, and the Corona del Mar Freeway from Cl and M1 to CL (Limited Commercial). Environmental Deter- mination: Negative Declaration. Claim - Molho On motion by Councilman Hall, seconded by Councilwoman Denied Hertzo,g, and carried, the claim of Morris Molho was denied. Claim - Saavedra On motion by Councilman Hall, seconded by Councilwoman Denied Hertzog, and carried, the claim of Lawrence S. Saavedra was denied. Claim - Goodman On motion by Councilman Hall, seconded by Councilwoman Denied Hertzog, and carried, the claim of John G. Goodman was denied. Four-way Stop The Traffic Commission has recommended installation Orange Avenue of four-way stop signs at Orange Avenue and 15th and 15th Street Street, which is presently a two-way stop. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 79-28 Resolution 79-28,_ being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF FOUR-WAY STOP SIGNS AT THE INTERSECTION OF ORANGE AVENUE AND 15TH STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Yield Sign The Traffic Commission has recommended installation on Sonora Road of a yield sign on Sonora Road at Drake Avenue instead of a stop sign which had been requested. On motion by Councilman Hall, seconded by Councilwoman Resolution 79-29 Hertzog, Resolution 79-29, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A YIELD SIGN ON SONORA ROAD AT DRAKE AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission has recommended prohibition of Park and Time parking and time limit parking on Orange Avenue at Limit Parking Rochester Street and Cabrillo Avenue, to clear the Orange Avenue vision of oncoming traffic for both Cabrillo Avenue and Rochester Street. On motion by Councilman Hall, Resolution 79-30 seconded by Councilwoman Hertzog, Resolution 79-30, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING 24 -MINUTE PARKING ON PORTIONS OF ORANGE AVENUE AT ROCHESTER AND CABRILLO STREETS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of Parking parking on the southerly curb of Bay Street for 75 Bay Street feet on either side of Fullerton Avenue to ease the turning movement from Bay Street to Fullerton Avenue and to improve sight distance exiting Fullerton Ave- nue onto Bay Street. On motion by Councilman Hall, Resolution 79-31 seconded by Councilwoman Hertzog, Resolution 79-31, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A POR- TION OF BAY STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Stop Sign on The Traffic Commission has recommended installation McCormick Avenue of a stop sign on McCormick Avenue at Pullman Street as requested by Consolidated Reproductions, 3182 Pullman Street. On motion by Councilman Hall, Resolution 79-32 seconded by Councilwoman Hertzog, Resolution 79-32, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON McCORMICK AVENUE AT PULLMAN STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of Parking parking on the westerly curb of Santa Ana Avenue from Santa Ana Avenue 300 feet to 400 feet south of Bristol Street to pre- vent parked vehicles from encroaching on the through travel lane. On motion by Councilman Hall, seconded Resolution 79-33 by Councilwoman Hertzog, Resolution 79-33, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SANTA ANA AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - Weber An agreement between the City and Harry J. and Barbara G. Weber, for the acquisition of 1,650.00 square feet Superior Avenue of land for the Superior Avenue widening project, Par - Widening - cel 5, was presented. The agreement stipulates a Parcel 5 payment of $51,500.00 to the Webers and for escrow to terminate as soon as possible. On motion by Council- man Hall, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None ZE-77-78 The improvements in connection with Zone Exception Tarnutzer ZE-77-78 by Byron Tarnutzer, developer, 12900 Garden Grove Boulevard, Garden Grove, for property located at 2915 Red,Hill Avenue, have been completed to the satisfaction of the Director of Public Services. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the improvements were accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for On motion by Councilman Hall, seconded by Councilwoman Tract 10520 Hertzog, Final Map for Tract 10520, Donald E. Huebner, Huebner 250-A East 16th Street, Costa Mesa, developer; five lots, Lot "A" and Lot "3G", 0.44 -acre, located at 347 East 18th Street, for condominium purposes, was ap- proved; and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for On motion by Councilman Hall, seconded by Councilwoman Tract 10496 Hertzog, Final Map and Subdivision Agreement for Yellow Brick Tract 10496, Yellow Brick Road Building Company, 2082 Road Building Business Center, Suite 155, Irvine, developer; 12 lots and Lot "A", 0.91 -acre, located at 2341 and 2343 Orange Avenue, for condominium purposes, were approved; The Council did accept on behalf of the City of Costa Mesa the easements for emergency and public security ingress and egress and public utility purposes over Lot "A", did also approve said map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said documents on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None HCDA Emergency The Final Report for the Housing and Community Devel- Housing Final opment Emergency Housing Services Program was presented Report for informational purposes only. Community Development Block Grant (CDBG) funds for the Program were allocated in a total amount of $47,250.00 for the Fiscal Years 1975-76, 1976-77, and 1977-78, of which $46,718.00 was expended, leaving a balance of $532.00. This balance is expected to be exhausted and the Program terminated by staff by the end of March, 1979. The staff recom- mended that Council consider allocating Federal Revenue Sharing/Social Service Funds to a qualified nonprofit organization to continue to provide emergency housing services to Costa Mesa residents. 1 1 1 _4:1 Change Order Change Order No. 4, in the amount of $3,574.00, in No. 4 - Fire connection with the construction of Fire Station No. 3 Station No. 3 by H. W. Sant Company, 1440 North Glassell Street, Construction Orange, for the following necessary changes required to complete the project: anodized brake metal, apparatus room speaker change and disposal switch, electric hoist, general supervision, and relocation of water heater, was presented. On motion by Councilman Hall, seconded by Business Permit Councilwoman Hertzog, the change order as detailed above was approved by the following roll call vote: Advance AYES: Council Members: McFarland, Schafer, Foundation Raciti, Hertzog, Hall NOES: Council Members: None Denied ABSENT: Council Members: None Notice of The construction of Fire Station No. 3, located at Completion 1865 Park Avenue, has been completed by H. W. Sant End - Company, 1440 North Glassell Street, Orange, to the Fire Station satisfaction of the Assistant City Manager/Community No. 3 Development. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Stale -dated A Revenue Division request was presented for permission Checks to write off the following stale -dated checks: Check No. 23092 to Patrick Osuka, dated January 16, 1978, in the amount of $75.00; Check No. 22028 to Sidney Soffer, dated November 23, 1977, in the amount of $127.50; and Check No. 52530 to R. Daniel, dated June 21, 1977, in the amount of $8.06. On motion by Councilman Hall, seconded by Councilwoman Hertzog, write off of the above checks was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 399 Bids received for Bid Item 399, One 72 -Inch Rotary Rotary Mower Mower, are on file in the Clerk's office. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Bids Rejected and carried, all bids were rejected because the low bidder did not meet specifications, and staff was authorized to rebid the item. Business Permit Item 4 on the Consent Calendar, a request from Mike Harrah's Mustang Ranch, 428 East 17th Street, Costa Harrah's Mustang Mesa, for a dance permit at the above address, was Ranch presented. The applicant was present to answer ques- tions from the Council and agreed to the condition. On motion by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, the permit was approved subject to one condition of the Revenue Division. Business Permit Item 6 on the Consent Calendar, Notice of Intention to Appeal or Solicit for Charitable Purpose from Advance Advance Foundation, Incorporated, 3502 South Normandie Foundation Avenue, Los Angeles, by door-to-door and phone solici- tation, from March 19 through September 1, 1979, was Denied presented. Based on the finding that this foundation showed administrative costs in excess of the City's Code, a motion was made by Councilman Hall, seconded End - by Vice Mayor Schafer, and carried, to deny the Consent Calendar request. rM Parking for On motion by Vice Mayor Schafer, seconded by Council - Condominiums woman Hertzog, Ordinance 79-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 79-2 AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE Adopted RELATING TO THE REQUIRED LOCATION OF PARKING FOR CONDO- MINIUMS WITHIN THE R3, R4, AND PDR -HD ZONES, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None R-78-10 On motion by Councilman Raciti, seconded by Vice Mayor Harwood and Schafer, Ordinance 78-29, being AN ORDINANCE OF THE Adkinson CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 6 AND 7 AND A PORTION OF Ordinance 78-29 LOT 8, BLOCK B, BERRY TRACT, FROM CL -CP TO PDR -MD, was Adopted given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1062 Mayor Schafer, Warrant Resolution 1062, including Pay- roll 7904, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant ' On motion by Vice Mayor Schafer, seconded by Council - Resolution 1063 woman Hertzog, Warrant Resolution 1063 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Hall, seconded by Vice Mayor Resolution 1064 Schafer, Warrant Resolution 1064, including Payroll 7905, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Insurance The City Attorney requested that a revision be made Requirements in the contract with Danielian, Moon and Associates, for Neighborhood architects for the Neighborhood Recreational Center, Recreational whereby the requirement that their insurance be Center considered "primary" for the City be deleted since such a policy cannot be obtained. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the City Attorney was authorized to forward a letter to the architectural firm advising them that the City agrees to waive the requirement for the primary insurance endorsement, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None TOSO vs. City On motion by Councilman Raciti, seconded by Vice Mayor of Santa Barbara Schafer, and carried, the City Attorney was authorized to add the name of the City of Costa Mesa to the Amicus Brief in connection with TOSO vs. the City of Santa Barbara, concerning inverse condemnation. 1 1 CJI n- , Q 0 Knight vs. City On motion by Vice Mayor Schafer, seconded by Council - of Costa Mesa man Hall, a settlement agreement in connection with Settlement Knight vs. the City of Costa Mesa'was approved, and Agreement the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Beatrice Foods On motion by Councilman Raciti, seconded by Vice Mayor vs. County of Schafer, and carried, the Orange County Counsel's of - Orange, et al fice was authorized to represent and defend the City Departments of Costa Mesa in Orange County Superior Court Case No. 306269, entitled Beatrice Foods Co. vs. County of Orange, pursuant to Revenue and Tax Code Section 5149. Code Section 1-33 On motion by Vice.Mayor Schafer, seconded by Council - Amendment - Code woman Hertzog, Ordinance 79-3, being AN ORDINANCE OF Misdemeanors or THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING Infractions COSTA MESA MUNICIPAL CODE SECTION 1-33 AS PROVIDED FOR BY GOVERNMENT CODE SECTION 36900, DECLARING VIOLA - Ordinance 79-3 TIONS OF THIS CODE TO BE ALTERNATIVELY MISDEMEANORS First Reading OR INFRACTIONS AND METHODS OF ENFORCEMENT AND AUTHOR- IZING CERTAIN DESIGNATED NON -SAFETY EMPLOYEES TO HAVE LIMITED ENFORCEMENT DUTIES AND AUTHORITY IN SECURING COMPLIANCES, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall, NOES: Council Members: None ABSENT: Council Members: None Claim from The City Attorney presented a claim for monetary Arnel, et al damages from Arnel Development Company, a California corporation; Harry S. Rinker; George L. Argyros; A and R, a general parnership; and R and A, a limited partnership. On recommendation of the City Attorney, no action was taken at this time. Senior Citizens On motion by Councilman Hall, seconded by Vice Mayor Housing Project Schafer, Resolution 79-34, being A RESOLUTION OF THE Coles Agreement CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK Resolution 79-34 TO EXECUTE GRANT DEED, in connection with the Dis- Authorizing position and Development Agreement with Robert and Grant Deed Sinee Coles, developer, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Consolidation of The City Manager presented a report on the proposed Planning and consolidation of the Planning and Building Safety Building Safety Departments, and pointed out that due to the addi- Departments tional requirements of the State regarding the City's General Plan, and new regulations developed by the various regional agencies, it is extremely important that the coordination between the Planning and Build- ing functions be as close as possible. He further stated that the new organization would include two new classifications: Planning and Development Ser- vices Director, with a pay range of $2,506.00 to $3,045.00 per month; and Assistant Building Safety Director, with a pay range of $1,824.00 to $2,218.00 per month, and if approved, completion of the reor- ganization should be approximately July, 1979. On motion by Vice Mayor Schafer, seconded by Councilman Resolution 79-35 Hall, Resolution 79-35, being A RESOLUTION OF THE Job Classifications CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING NEW JOB CLASSIFICATIONS AND RATES OF COMPENSATION THEREOF FOR EXECUTIVE PERSONNEL, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Hall, seconded by Vice Mayor Resolution 79-36 Schafer, Resolution 79-36, being A RESOLUTION OF THE Reorganization CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Authorized AUTHORIZING THE CITY MANAGER TO BEGIN DEPARTMENT REORGANIZATION BY COMBINING THE BUILDING SAFETY AND PLANNING DEPARTMENTS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer-, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Plan Checking At the request of the City Manager, an agreement for Services plan checking services with Ken Chan, Fire Protection Removed from Agenda Research/Code Consultant, was removed from the Agenda. Permanent On motion by Councilman Hall, seconded by Vice Mayor Positions) Schafer, a request to hire one Junior Accountant and Authorized two Planning/Zoning Assistants in permanent positions was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None SCAG 208 Areawide The City Manager presented the SCAG (Southern Cali - Waste Treatment fornia Association of Governments) 208 Areawide Waste Management Plan Treatment Management Plan, along with the staff's recommendation for eight revisions to the proposed plan as outlined in the memorandum to the Council dated March 13, 1979. After brief discussion, a motion was made by Councilman Hall, seconded by Resolution 79-37 Councilwoman Hertzog, adopting Resolution 79-37, be- ing A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMITTING TO THE IMPLEMENTA- TION AND ENFORCEMENT OF THOSE ELEMENTS OF THE SOUTH COAST AREAWIDE WASTE TREATMENT MANAGEMENT PLAN APPROPRIATE TO ITS JURISDICTION, including the eight revisions recommended by staff, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Continued NIWA The City Manager presented for discussion the advan- Participation tages and disadvantages of continued participation in the Newport -Irvine Waste Management Planning Agency (NIWA). On motion by Councilman Hall, seconded by Councilman Raciti, and carried, participation in NIWA was approved for one additional year, after which time this matter will be brought back to Council for further review. Recess The Mayor declared a recess at 7:30 p.m., and the meet- ing reconvened at 7:40 p.m. Public Hearing The Clerk announced that this was the time and place ZE-78-180 set for the public hearing for Council review of Zone Ford Exception ZE-78-180, Mr. and Mrs. R. Spencer Ford, 2524 Fordham Drive, Costa Mesa, for a Conditional Use Recess The Mayor declared a recess at 9:.30 p.m., and the meeting reconvened at 9:40 p.m. Permit to operate a day care facility with use of the garage in an existing single-family residence, located at the above address, in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing -and Mailing are on file in the Clerk's Office. Com- munications have been received as follows: 32 letters in opposition; and a petition containing 12 signatures and 17 letters in favor of the request. The Planning Commission recommended approval subject to conditions. The following Costa Mesa residents spoke in opposition to the request: Ken Bauermeister, 2530 Fordham Drive; Mime Birch, 533 Sturgeon Drive; Jane Dirk, 2507 Ford- ham Drive; Ed Baum, 265 Bowling Green Drive; Gary E. Wilson, 3103 Warren Lane; Frank Spanberger, 2449 Andover Place; Rey Pelletier, 2443 Fordham Drive; and Jacob J. Miles, 952 Lansing Lane. Costa Mesa resi- dents speaking in favor of the request were: Spencer and Pattie Ford, 2524 Fordham Drive; Mrs. Tort McCarter, 2537 Fordham Drive; Billy Smith, 2039 Republic Avenue; Sheila Church, 323 Princeton Drive; Vicki Woodrich, 2924 Royal Palm Drive; Chris Blank, 2076 Phalarope Court; Jay Granzell, 3039 Capri Lane; Leslie and Ralph Purdy, 204 Loyola Road; Walter Kempler, 314 Villanova Road; and J. Gonzales. Mr. Bauermeister also presented a peti- tion containing 293 signatures opposing the request. There being no other speakers, the Mayor closed the public hearing. During Council discussion which fol- lowed, Pattie Ford responded to a question by Council- woman Hertzog that they would be able to operate the day care center without the partial use of the garage. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Council Members McFarland and Raciti voting no, the application was approved subject to the following conditions: (1) Applicant shall pro- vide care for no more than six children on the subject property; (2) No signs shall be permitted advertising the day care operation; (3) No structural modifica- tions shall be made to.the garage which would prevent its utilization for parking of two vehicles; (4) Age of children participating in this Day Care Program shall be limited to five years; (5) Approval shall be for a period of one year and prior to expiration, the applicant may request renewal subject to re-evaluation at that time; and (6) Garage shall not be used for the Day Care Facility. Day Care Center The Clerk presented policy options for day care cen- Policy ters in residential zones. Four options were suggested by the Planning Commission: (A) No change; (B) Amend the Code to establish current policy in Ordinance form; (C) Amend Code to establish day care homes for six or fewer children as a permitted use in the residential zones; and (D) Amend the Home Occupation Ordinance to permit County -licensed day care centers for six or fewer children as permitted uses. The Planning Commis- sion recommended Option D. After discussion, a motion was made by Vice Mayor Schafer, seconded by Mayor McFarland, to adopt Option B but amending the last line as follows: "Day Care Homes for four to six children would be listed as a conditional use." After further discussion, Vice Mayor Schafer amended her motion to adopt a policy allowing three or fewer children as a permitted use in residential zones, and requiring a Conditional Use Permit for four to six children; and further that staff was to review this policy and make a recommendation to the Council as to making an Ordi- nance amendment. The motion was seconded by Council- woman Hertzog, and carried, Councilman Raciti voting no. Recess The Mayor declared a recess at 9:.30 p.m., and the meeting reconvened at 9:40 p.m. Public Hearings The Clerk announced that this was the time and place GP -78-3B and set for the public hearings, continued from the meet - GP -78-3C ing of January 15, 1979, to consider General Plan Cagney/Adki.nson Amendment GP -78-3B, to amend the General Plan designa- tion from Low Density Residential to Medium Density Denied Residential; and General Plan Amendment GP -78-3C, to amend the General Plan designation from Low Density Residential to Neighborhood Commercial. The applicant is William J. Cagney, in care of authorized agent Don R. Adkinson, 550 Newport Center Drive, Suite 800, New- port Beach. The amendments are for property located at the northeast corner of Bear Street and Paularino Avenue. Environmental Determinations: Negative Declarations. The Planning Commission and Planning staff recommended a rezone to PDR -LD, Planned Devel- opment Residential - Low Density. Don Adkinson was present to explain the problem they are having con- cerning a dispute with the School Board over ownership of a 30 -foot strip of this property. Stewart Woodard, 180 Newport Center Drive, Newport Beach, architect for the project, spoke in support of Medium Density Residential and Neighborhood Commercial stating that it would not be feasible to develop the property for Low Density because this designation is not compati- ble with adjacent uses and because of high noise problems. Mr. Woodard's plans are for construction of 12 to 16 units. Doug and Annette Watson, 905 Tanana Place, Costa Mesa; and Bruce Kettner, 3071 Platte Drive, Costa Mesa, spoke in support of retain- ing the Low Density designation. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, based on the findings of the Planning Commission and Planning staff as outlined in the report dated October 19, 1978, General Plan Amendment GP -78-3B was denied. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, based on the same findings, General Plan Amendment GP -78-3C was denied. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Councilman Raciti voting no, the staff was authorized to initiate a rezone to PDR -LD. Public Hearing The Clerk announced that this was the time and place ZE-79-14 set for the public hearing for Zone Exception ZE-79- Lloyd/One Town 14, Jot.Lloyd, authorized agent for One Town Center Center Drive Drive Associates, for an amendment to the Final Associates Development Plan (ZE-78-04) to add two parking levels to the four -level parking structure under construction at 660 Town Center Drive, in a TC zone. Environmental Determination: Environmental Impact Report adopted on February 6, 1978. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval subject to conditions. Greg Butcher, repre- senting C. J. Segerstrom and Sons, 3301 Fairview Road, Costa Mesa, was present to answer questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the request was approved subject to conditions as recommended by the Planning Commission. Councilman Councilman Raciti left the meeting at this time and Raciti Leaves therefore did not participate in the voting on the remaining items. 1 1 W. Public Hearings The Clerk announced that this was the time and place Repeal of set for the following public hearings: repeal of Ordinances 334, Ordinance 334, which established a minimum building 411, 296, 379, setback from the property lines of Lots 1 through 28, .and a Portion Tract 3631, as follows: (a) 50 feet from the center - of 212 line of Baker Street, Randolph Avenue, and St. Clair Street; and (b) 70 feet from the centerline of Bristol Street; Ordinance 411, which established building setback lines of 65 feet from the centerline of MacArthur Boulevard (formerly Talbert Avenue) from Harbor Boulevard on the east to the City limits on the west; Ordinance 296, which established building setback lines of 60 feet from the centerline of Fair- view Road from Newport Boulevard on the south to the City limits on the north; Victoria Street from New- port Boulevard on the east to Harbor Boulevard on the west; the west side of Harbor Boulevard from West 19th Street on the south to Wilson Street on the north; and the east side of Harbor Boulevard from Bernard Street on the south to Wilson Street on the north; Ordinance 379, which established building setback lines of 35 feet (45 feet on frontage of corner lots at the intersection of Fullerton and Orange Avenues) from the centerline of East 18th Street between Newport Boulevard and Orange Avenue; and a portion of Ordi- nance 212, which established building setback lines of 50 feet from the centerline of East 17th Street as follows: (a) on the north side of Irvine Avenue on the east to Newport Boulevard on the west; (b) on the south side from Irvine Avenue on the east to a point 150 feet west of the centerline of Santa Ana Avenue on the west; and (c) on the south side from Orange Avenue on the east to Newport Boulevard on the west. The Affidavits of Publication are on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the repeals. The Director of Planning briefly explained the reasons for repealing these setbacks. There being no speakers, the Mayor closed the public hearings. On motion by Vice Mayor Schafer, Ordinance 79-4 seconded by Councilwoman Hertzog, Ordinance 79-4, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, REPEALING AND AMENDING BUILDING SETBACK ORDINANCES, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Raciti S-78-04 The Clerk presented a request for modification to Huntington Condition No. 13 of Tentative Parcel Map S-78-04, Capital Huntington Capital Corporation, 16168 Beach Boule- vard, Suite 200, Huntington Beach, for property located at 1503 South Coast Drive. Condition No. 13 requires the applicant to construct P.C.C. com- mercial sidewalks on Harbor Boulevard and South Coast Drive at the applicant's expense. The appli- cant's requested modification is to eliminate the sidewalk along the south side of South Coast Drive and substitute same with landscaping between the existing curb and chain link fence along the Orange County Flood Control District. Staff has recommended approval of the modification based on certain conditions. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Coun- cilman Raciti absent, Condition No. 13 was amended as follows: "Construct P.C.C. commercial sidewalks on Harbor Boulevard per City of Costa Mesa Standard Drawings, at the applicant's expense. Install land- scaping on the south side of South Coast Drive between the existing curb and existing chain link fence adjacent to the Orange County Flood Control Channel. A detailed landscape plan shall be sub- mitted to the Planning Department for review and approval prior to installation of landscaping. The applicant shall enter into an agreement with the City of Costa Mesa, subject to the approval of the City Attorney, that the applicant and/or his succes- sors will permanently maintain said landscaping". S-79-376 The Clerk presented two requests for relief from the Nabers/Coast drainage ordinance fee requirement in connection Community with the following applications: Tentative Parcel College District Map S-79-376, Nabers Cadillac, authorized agent for Coast Community College District, 1370 Adams Avenue, ZE-79-32 and Costa Mesa, to create one new parcel on property S-79-379 located at the above address, in a P (Parking) zone. Bein and Frost/ Environmental Determination: Negative Declaration Coast Community adopted for Rezone Petition R-78-20; and Zone Excep- College District tion ZE-79-32, Robert Bein, William Frost and Associ- ates, authorized agent for Coast Community College District, for a Conditional Use Permit to allow automobile storage on the vacant parcel east of 2850 Harbor Boulevard, in a CL zone, and Tentative Parcel Map S-79-379, to create one new parcel on property located as shown above. Environmental Determinations: Negative Declarations adopted for Rezone Petition R- 78-19. John Richard, representing Robert Bein, William Frost and Associates, was present and spoke in support of the request and answered questions from the Council. Four options were suggested to the Council in the memorandum dated March 16, 1979, from the Director of Public Services. After brief discus- sion, on motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Councilman Raciti absent, the relief was approved in connection. with Tentative Parcel Map S-79-376, based on Option 4 which requires payment of the drainage fee on the automobile -leased parcels only, conditionally waiving the fee until other portions of, or whole of the property either develops or redevelops. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, relief was granted as requested in connection with Zone Ex- ception ZE-79-32 and Tentative Parcel Map S-79-379, based on Option 4 which requires payment of the drain- age fee on the automobile -leased parcels only, condi- tionally waiving the fee until other portions of, or whole of the property either develops or redevelops. Oral Lee Johnson, representing Orange Coast.College, re - Communications quested the closing of Merrimac Way on March 31, 1979, between 8:00 a.m. and 10:00 a.m., for a mara- Orange Coast thon race. The staff has recommended that Merrimac College Way not be closed, the major concern being the lack Marathon Race of available manpower from the Police Department, and that the marathon be run on campus parallel to the street. The Council agreed that the race be allowed to take place without the closure of Merri- mac Way and suggested that staff work with Mr. Johnson to reroute the event without using public streets. Orange Coast Lee Johnson presented a second request for waiver College of fees in connection with the Orange Coast College Recycling Center Recycling Center and their pilot program for neigh- borhood recycling in the Mesa del Mar Tract. The Costa Mesa Municipal Code Section 9-90 specifies that any individual or group acting as a junk col- lector be required to take out a license with the City. Based on the staff's recommedation, a motion 1 1 1 1 was made by Councilman Hall, seconded by Mayor McFarland, and carried, Councilman Raciti absent, the permit was granted with all conditions waived for a period of 90 days, effective from the date the neighborhood recycling program is initiated. Councilmanic Councilman Hall stated the the Sign Program Seminar Comments is being held Saturday, March 24,1979, at Orange Coast College. Councilman Hall also reported that he and Council- woman Hertzog are attending a meeting at Fairview State Hospital to discuss their housing program. Adjournment The Mayor adjourned the meeting at 11:30 p.m. r Mayor ' the City o.f sta Mesa ATTEST: City Clerk of the City of Ce to Mesa